Resignation during the disciplinary process

September 17, 2019February 8, 2016 by

As a general rule, employees going through disciplinary processes which may lead to their dismissal are usually better to wait and see what the outcome is rather than preemptively resign. The thinking behind this advice is that it is only possible to claim unfair dismissal if you have actually been dismissed. If you chose to jump ship before you are pushed you will be left with the less straightforward, and more …

Burchell Test Explained: The 3-Part Unfair Dismissal Framework

March 3, 2026February 1, 2016 by

Written and reviewed by: Tom Street, Solicitor Principal, Tom Street & Co. Solicitors (SRA No. 566718) Last updated: 3 March 2026 Key Points ✓ The Burchell test is the legal framework employment tribunals use to assess whether a misconduct dismissal was fair ✓ Employers must satisfy three requirements: genuine belief in guilt, reasonable grounds for that belief, and a reasonable investigation ✓ Tribunals do not decide whether the employee actually …